Braxton v. La. State Troopers Ass'n

• Decision Date: 05 January 2022
• Docket Number: CA 21-355
• Citation: 333 So.3d 516
• Parties: Calvin W. BRAXTON, Sr. v. LOUISIANA STATE TROOPERS ASSOCIATION, et al.
• Court: Court of Appeal of Louisiana — District of US

333 So.3d 516

Calvin W. BRAXTON, Sr.

v.LOUISIANA STATE TROOPERS ASSOCIATION, et al.

CA 21-355

Court of Appeal of Louisiana, Third Circuit.

January 5, 2022

Floyd J. Falcon, Jr., Avant & Falcon, P. O. Box 2667, Baton Rouge, LA 70821, (225) 387-4462, COUNSEL FOR DEFENDANT/APPELLEE: Louisiana State Troopers Association

Jeff Landry, Attorney General, Steven M. Oxenhandler, Special Assistant Attorney General, Michael John O'Shee, Special Assistant Attorney General, P. O. Box 6118, Alexandria, LA 71301, (318) 445-6471, COUNSEL FOR DEFENDANT/APPELLEE: Jay Oliphant

Jill L. Craft, W. Brett Conrad, Jr., Kaitlin A. Wall, 329 St. Ferdinand Street, Baton Rouge, LA 70802, (225) 663-2612, COUNSEL FOR PLAINTIFF/APPELLANT: Calvin W. Braxton, Sr.

Jeff Landry, Attorney General, Ben L. Mayeaux, Special Assistant Attorney General, Jennie Porche Pellegrin, Special Assistant Attorney General, One Petroleum Center, Suite 200, 1001 West Pinhook Road, Lafayette, LA 70503, (337) 237-7000, COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Department of Public Safety & Corrections (Office of State Police)

Mary Ann M. White, Shows, Cali & Walsh, LLP, 628 St. Louis Street, Baton Rouge, LA 70802, (225) 346-1461, COUNSEL FOR DEFENDANT/APPELLEE: Louisiana State Troopers Association

Court composed of Billy Howard Ezell, John E. Conery, and Van H. Kyzar, Judges.

EZELL, Judge

Calvin Braxton filed a defamation suit against the State of Louisiana, Department of Public Safety and Corrections, Office of State Police (State Police); Louisiana State Trooper Colonel Jay Oliphant; and the Louisiana State Troopers Association (LSTA). The trial court granted a special motion to strike filed by the State Police pursuant to La.Code Civ.P. art. 971, dismissing it from the litigation. A partial motion for summary judgment based on prescription was granted in favor of Colonel Oliphant dismissing the defamation claim based on the content of a written Incident Report dated June 2, 2016. Mr. Braxton appeals both of these rulings.

FACTS

In written reasons for judgment on the motion for partial summary judgment, the trial court did an excellent job of stating the undisputed facts leading up to this litigation as follows (alteration in original):

This litigation involves two separate factual scenarios which give rise to Mr. Braxton's claims for defamation damages. The first factual scenario is set out in his May 10, 2018 initial petition naming as defendants Colonel Oliphant and the Louisiana State Troopers Association (hereinafter "LSTA"), a nonprofit entity organized to represent the interests of its members. These claims arise from an Incident Report bearing the date of June 2, 2016 (hereinafter referred to as "the Incident Report"), prepared by Colonel Oliphant, and filed through proper channels with his employer, the State of Louisiana, Department of Public Safety and Corrections, Office of State Police (hereinafter "the State Police").

The second factual scenario is set out in Mr. Braxton's February 20, 2020 supplemental and amending petition which names Colonel Oliphant and the State Police as defendants. These claims arise from a second incident report dated March 2, 2018, prepared by Colonel Oliphant, filed through proper channels with the State Police and used by the State Police in a subsequent investigation involving Mr. Braxton. The consequences of this second Incident Report are not before the court in this motion for partial summary judgment. [This report is involved in the special motion to strike action].

Mr. Braxton is a lifelong resident of Natchitoches Parish, a successful business man, and has been active in civic and political affairs at the local and state level during his career. The issue now before the court involves Mr. Braxton's two-year service as a member of the governing board of a public body, the Louisiana State Police Commission (hereinafter "the Commission"). In 2015 Governor Bobby Jindal appointed Mr. Braxton to the Commission and Mr. Braxton took the required oath of office on July 7, 2015. He served as a member of the Commission until July 21, 2017, when he submitted his resignation letter to Governor John Bel Edwards.

During his time on the Commission, Mr. Braxton took issue with a number of the activities of LSTA which he considered improper and/or illegal. These open disputes resulted in LSTA requesting that Governor Edwards hold a public hearing pursuant to La.Const. art. 10, § 43 (D) for the purpose of determining whether Mr. Braxton should be removed from his position on the Commission. LSTA made its request in writing on July 11, 2016, and when the Governor's office did not respond, LSTA followed up its request with a second letter dated June 19, 2017. The Governor did not schedule a public hearing. Instead, he met personally with Mr. Braxton, and the result of the meeting was Mr. Braxton's July 21, 2017 letter of resignation.

This litigation came about because LSTA did not use the standing disagreements with Mr. Braxton as grounds for his removal as a member of the Commission. Instead, LSTA used the content of the Incident Report prepared by Colonel Oliphant. Specifically, LSTA asserted that Mr. Braxton had overstepped his authority in attempting to punish a Louisiana State Trooper for arresting his daughter for traffic violations. The two-page July 11, 2016 letter to Governor Edwards lists twenty (20) grounds for Mr. Braxton's removal, all relating directly or indirectly to the content of the Incident Report.

The traffic stop at issue was routine. On the evening of Friday, December 4, 2015, Louisiana State Trooper Jayson Linebaugh stopped a vehicle for speeding and improper lane changes. His on-the-scene investigation established that the driver had been drinking alcoholic beverages and appeared intoxicated; and based on his initial conclusions, Trooper Linebaugh transported the driver to the Natchitoches Parish Detention Center where she performed the Intoxilyzer 9000 breath test. After reviewing the results of the breath [test] Trooper Linebaugh issued four citations to the driver: (1) speeding 68 miles per hour in a 55 mile per hour zone, a violation of La.R.S. 32:61 ; (2) improper lane change, a violation of La.R.S. 32:79 ; (3) a parish ordinance open container violation; and (4) operating a vehicle while intoxicated, a violation of La.R.S. 14:98. The driver of the vehicle was at some point identified as Mr. Braxton's daughter, a competent major.

Trooper Linebaugh performed his duties properly and in a professional manner that evening; and Mr. Braxton's daughter subsequently took responsibility for the charges against her without protest or complaint. At the time of the December 4, 2015 traffic stop, Colonel Oliphant (then Captain Oliphant) was Trooper Linebaugh's superior officer.

While the truthfulness of the content of the June 2, 2016 Incident Report is disputed, the report itself paints a vivid picture of Colonel Oliphant[’s] assertions of improper and abusive activity by Mr. Braxton with regard to his reaction to his daughter's arrest and the subsequent charges against her. It contains among other things, assertions that:

Colonel Oliphant telephoned Mr. Braxton the day after his daughter's arrest strictly as a courtesy because of his position on the Commission and was informed by Mr. Braxton that he was already aware of the incident; but that his concern was whether Trooper Linebaugh should have given his daughter "professional courtesy" and should not have arrested her; and that Trooper Linebaugh might have been "targeting" his family. The conversation was ended with Mr. Braxton asking Colonel Oliphant to inquire whether Trooper Linebaugh knew him. On Wednesday of the next week, Colonel Oliphant did just that, and was informed by the officer that he did not know Mr. Braxton.

After his conversation with Mr. Braxton, Colonel Oliphant conferred with Trooper Linebaugh who denied knowing Mr. Braxton, but acknowledged that even if he had known the connection between Mr. Braxton and the driver of the vehicle involved, that knowledge would not have affected him performing his duty. This conversation occurred on December 9, 2015, and Colonel Oliphant subsequently informed Mr. Braxton of Trooper Linebaugh's answer to his (Mr. Braxton's) inquiry. When informed of Trooper Linebaugh's response, Mr. Braxton accused the officer of not telling the truth, and further stated that "he had known Troopers to get fired for lying." Mr. Braxton asserted that, because of his failure to give his daughter appropriate courtesy, "he might not help Trooper Linebaugh if he gets in a bind on the job" and has to appear before the Commission; that he was not through with the situation, and that he was going to call the Superintendent of the State Police and inform him of his displeasure. Mr. Braxton did call the Superintendent who relayed that telephone conversation to Colonel Oliphant.

The next communication between Mr. Braxton and Colonel Oliphant occurred on December 12, 2015, when Mr. Braxton called to ask what was going to be done to Trooper Linebaugh for his actions. Being dissatisfied with Colonel Oliphant's response, Mr. Braxton suggested that Trooper Linebaugh needed to be temporarily assigned to the New Orleans area for sixty to ninety days "to get his mind straight," because the officer "was out of control." This last statement was a reference to Trooper Linebaugh arresting the local Sheriff's son on a traffic violation. Mr. Braxton told Colonel Oliphant that he had spoken to some members of the Commission who advised him that members "were not to be touched."

Two days later Mr. Braxton and Colonel Oliphant had another conversation wherein Mr. Braxton stated that he had again telephoned the Superintendent concerning Trooper Linebaugh's transfer and the Superintendent referred him back to Colonel Oliphant. Mr. Braxton suggested in the conversation that he was not going to stop until "he gets what wants[,]" and that the issue seemed to be how much "stroke"

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